At the outset, learned counsel for respondents (applicants in review application) states that as per Rule 107 of Railway Servant (Pension) Rules, 1993 it is not practicable to grant relaxation of the provisions in grant of post retirement complementary passes and post retirement medical facilities to the original applicant, as the provisions of said Rule cannot be brought into operation for Pass Rules.
2. Learned counsel has also produced before me Rule 17 of Railway Servants (Pass) Rules 1993 wherein there is a power to include, modify, amend or delay or relax any of the provisions contained in these rules.
3. Accordingly, the RA is allowed to the extent that paragraph 9 of earlier order dated 3.3.2008, in the interest of justice, would read as under:- 9. In the result, for the foregoing reasons, the OA is partly allowed. Impugned orders are set aside. Case is remitted back to the respondents to reconsider the claim of applicant as per decision in P.R. Narayans case (supra) and also under Rule 17 of Railway Servants (Pass) Rules 1993 for relaxation of the provisions in grant of post retirement complimentary passes and post retirement medical facilities to the applicant within a period of two months from the date of receipt of a copy of this order. No costs.
4. Registry is directed to include the above paragraph and serve a fresh copy to the parties. ( Shanker Raju ) Member (J) /sunil/